[EL] McCutcheon transcript -- Definition of Audacity

[Rick Hasen]

I should add that this is the whole bootstrapping argument of the 
anti-regulation crowd.  Make a hole in the law, and then argue that with 
the hole, no further regulation makes any sense.

On 10/8/13 5:05 PM, Marty Lederman wrote:
> Please let me know if I'm misreading this, but doesn't Justice Scalia, 
> joined by Justice Kennedy, spend page after page chiding the SG that 
> the contribution limits can't possibly serve an anti-corruption 
> interest because they'll simply cause wealthy individuals to funnel 
> their dollars into independent expenditures (and PAC expenditures), 
> for which officeholders will be even /more /grateful, thereby 
> increasing the risk and degree of corruption?
>
> Finally, after exhibiting admirable patience, SG Verrilli said:  
> "Well, Justice Scalia, I'm not here to debate the question of whether 
> the Court's jurisprudence is correct with respect to the risks of 
> corruption from independent expenditures."  And then when Justice 
> Kennedy expressed dissatisfaction with that answer, Justice Kagan 
> quipped:  "I suppose that if this Court is having second thoughts 
> about its rulings that independent expenditures are not corrupting, we 
> could change that part of the law."
>
> I don't know how it played in the courtroom . . . but on the page, it 
> sure comes off as the ultimate in chutzpah.
>
>
> On Tue, Oct 8, 2013 at 1:34 PM, Rick Hasen <rhasen at law.uci.edu 
> <mailto:rhasen at law.uci.edu>> wrote:
>
>
>         Read the Transcript in McCutcheon Oral Argument at Supreme
>         Court <http://electionlawblog.org/?p=55810>
>
>     Posted on October 8, 2013 10:33 am
>     <http://electionlawblog.org/?p=55810>by Rick Hasen
>     <http://electionlawblog.org/?author=3>
>
>     Here
>     <http://www.supremecourt.gov/oral_arguments/argument_transcripts/12-536_21o2.pdf>.
>
>     Share
>     <http://www.addtoany.com/share_save#url=http%3A%2F%2Felectionlawblog.org%2F%3Fp%3D55810&title=Read%20the%20Transcript%20in%20McCutcheon%20Oral%20Argument%20at%20Supreme%20Court&description=>
>     Posted in Uncategorized <http://electionlawblog.org/?cat=1>
>
>     -- 
>     Rick Hasen
>     Chancellor's Professor of Law and Political Science
>     UC Irvine School of Law
>     401 E. Peltason Dr., Suite 1000
>     Irvine, CA 92697-8000
>     949.824.3072  <tel:949.824.3072>  - office
>     949.824.0495  <tel:949.824.0495>  - fax
>     rhasen at law.uci.edu  <mailto:rhasen at law.uci.edu>
>     hhttp://www.law.uci.edu/faculty/full-time/hasen/  <http://www.law.uci.edu/faculty/full-time/hasen/>
>     http://electionlawblog.org
>
>
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-- 
Rick Hasen
Chancellor's Professor of Law and Political Science
UC Irvine School of Law
401 E. Peltason Dr., Suite 1000
Irvine, CA 92697-8000
949.824.3072 - office
949.824.0495 - fax
rhasen at law.uci.edu
http://www.law.uci.edu/faculty/full-time/hasen/
http://electionlawblog.org

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